- Docket No.
- 4:17-cv-00016
- District Court
- Texas Eastern
Goal
- Block enforcement of an agency action
- Declaration that agency action is unlawful
Issues
Litigation Content
Why this Matters:
The plaintiffs argue that an interim final regulation that tries to limit the ability of third parties to provide financial assistance to Medicare-eligible dialysis patients to purchase private health insurance violates the Medicare Act and Administrative Procedure Act. Patients with end-stage renal disease are eligible for insurance under Medicare. However, some organizations, including those funded heavily by the dialysis industry, pay premiums and out-of-pocket costs for patients so they can instead enroll in private health insurance coverage. This may offer some benefits to patients but also ensures that dialysis providers receive higher reimbursement rates since private insurers pay much higher rates than Medicare.
Potential Impact:
Steering Medicare-eligible dialysis patients to the commercial insurance market, where reimbursement rates are far higher, could raise premiums.
12 Major Filings
- ORDER ON CONSENT MOTION FOR STAY (Jun 27, 2017)
- DEFENDANTS' CONSENT MOTION FOR STAY (Jun 22, 2017)
- ORDER (Apr 20, 2017)
- MEMORANDUM OPINION AND ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Jan 25, 2017)
- MINUTE ENTRY FOR PROCEEDINGS (Jan 18, 2017)
- ORDER ON MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Jan 12, 2017)
- MINUTE ENTRY FOR PROCEEDINGS (Jan 12, 2017)
- PLAINTIFFS' REPLY RE: MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Jan 12, 2017)
- DEFENDANTS' RESPONSE TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Jan 11, 2017)
- ORDER (Jan 9, 2017)
- PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION (Jan 6, 2017)
- COMPLAINT (Jan 6, 2017)